IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

Winner Dawan Mate,

Plaintiff

 v.

Thomas Hampton

and Edward Sargus, Jr.,

Defendants

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:

:

:

:

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Civil Action 2:12-cv-01073

Judge Frost

Magistrate Judge Abel

Order 

Plaintiff Winner Dewan Mate brought this action alleging his constitutional

rights were violated during an appeal of a decision by the Commissioner of Social

Security denying his application for disability benefits. This matter is before the Court

on plaintiff Mate's December 10 objections (doc. 4) to Magistrate Judge Abel's

November 27, 2012 Report and Recommendation that Mate's motion to proceed in forma

pauperis be denied because this is at least the second frivolous lawsuit he has filed

regarding the same matter. 

Plaintiff argues that he is not attacking the decision of the Commissioner of

Social Security but the conduct of defendants in causing him to be denied benefits. But

as the Magistrate Judge found:

As in previous lawsuits, Mate complains about the Commissioner’s

decision denying him disability benefits and the actions of the trial judge

and his court-appointed attorney in Shanda Mathis on behalf of Dawan Mate

v. Commissioner of Social Security, 2:10-cv-0668. That lawsuit, was initially

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attempted to be filed by Ms. Mathis in violation of an order in Shanda

Mathis v. State of Ohio Probate Court, 2:12-cv-84, that directs the Clerk of

Court “to present any future Complaints [filed by Ms. Shanda Mathis] to a

Magistrate Judge to determine whether Ms. Mathis is again seeking to

impermissibly file an action on behalf of another.” Shanda Mathis on behalf

of Dawan Mate v. Edward Sargus, Jr., et al., 2:12-mc-13, Doc. 1, PageID # 1.

These same claims were also presented to the court in Winner

Dewan Mate v. Thomas Hampton and Edward Sargus, Jr., 2:12-cv-426 which

was dismissed as frivolous by the Court’s June 26, 2012 Opinion and

Order.

Analysis. This lawsuit is simply an attempt to re-litigate matters

adjudicated in Shanda Mathis on behalf of Dawan Mate v. Commissioner of

Social Security, 2:10-cv-0668 and Winner Dewan Mate v. Thomas Hampton

and Edward Sargus, Jr., 2:12-cv-426. Plaintiff Mate's remedy, if any, is by

appeal, not filing repeated lawsuits arising out of the same set of facts.

November 27, 2012 Report and Recommendation, p, 2, Doc. 3, PageID 26 (footnote

omitted.

Upon de novo review in accordance with the provisions of 28 U.S.C. §636(b)(1)(B),

the Court overrules plaintiff Mate's December 10, 2012 objections (doc. 4) to Magistrate

Judge Abel's November 27, 2012 Report and Recommendation and ADOPTS the

Report and Recommendation. Plaintiff Winner Dawan Mate's November 20, 2012

motion to proceed without prepayment of fees and costs (doc. 1) is DENIED. This

action is hereby DISMISSED as frivolous. The Clerk of Court is DIRECTED to enter

JUDGMENT for defendants. 

 /s/ Gregory L. Frost 

Gregory L. Frost

United States District Judge 

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